regular meeting agenda - city of black hawk · 3/11/2015 · regular meeting agenda . city of...

REGULAR MEETING AGENDA

City of Black Hawk City Council

211 Church Street, Black Hawk, CO

March 11, 2015 3:00 p.m.

RINGING OF THE BELL:

1. CALL TO ORDER:

2. ROLL CALL & PLEDGE OF ALLEGIANCE:

3. ADENDA CHANGES:

4. CONFLICTS OF INTEREST: (Council disclosures are on file w/City Clerk & Sec. of State)

5. INTRODUCTION OF NEW EMPLOYEES: Terri Lupo, Accountant Sara Lang, CP&D Admin Assistant/Permit Tech

6. PUBLIC COMMENT: Please limit comments to 5 minutes

7. APPROVAL OF MINUTES: February 25, 2015

8. PUBLIC HEARINGS:

A. CB6, An Ordinance Amending Chapters 4 and 6 of the Black Hawk Municipal Code

B. CB7, An Ordinance Stating the Intent of the City of Black Hawk to Acquire Certain Property for Municipal Parking and Recreational Purposes within the Meaning of C.R.S. § 38-6-101 and C.R.S. § 31-25-201

9. ACTION ITEMS:

C. Resolution 19-2015, A Resolution Approving Professional Agreements with the City of Black Hawk for 2015

D. Resolution 20-2015, A Resolution Adopting the 2015 City of Black Hawk Fee Schedule

E. Resolution 21-2015, A Resolution Approving the Fireworks Production Contract Between the City of Black Hawk and Western Enterprises, Inc.

F. Resolution 22-2015, A Resolution Approving and Adopting the City of Black Hawk’s Scholarship Program

10. CITY MANAGER REPORTS:

11. CITY ATTORNEY:

12. EXECUTIVE SESSION:

13. ADJUORNMENT:

MISSION STATEMENT The mission of the City of Black Hawk is to progressively provide cost

effective programs and services of the highest quality to the community.

CITY OF BLACK HAWK NEW EMPLOYEE INTRODUCTION

TERRI LUPOACCOUNTANT

My husband Doug and I purchased a home and moved to Gilpin County in the spring of 2013. I’m actually anative of northwest Kansas. Growing up, my family spent a lot of time in this area skiing, camping andhiking. It was a long-term goal of mine to settle and retire in this beautiful area and finding this position withthe City of Black Hawk was the last piece of the puzzle. Most of my family is in Kansas, however I have ason, daughter-in-law and two grandchildren who live in Kansas City. I think my friends would describe me asan honest, intelligent, and generous person with a great sense of humor. I lived in Kansas City for a numberof years and it was there I earned my BS in Accounting from DeVry University and began my career. Most ofmy professional background has involved the agricultural commodities and restaurant managementindustries. My most recent position was District Accounting Manager for Canteen Vending in Denver, andI’ve previously served as Controller for Capital Restaurant Concepts LTD in Washington, D.C. and AssistantController for Bartlett & Company in Kansas City. I love to read, paint and listen to classical music. I alsoenjoy spending time with our canine family. Doug and I have two Jack Russell Terriers, Mia and Max, aBasenji mix named Ginger, and my beloved French bulldog Ozzy. For outdoor activities I enjoy biking andI’ve recently taken up snow shoeing.

CITY OF BLACK HAWK

COMMUNITY PLANNING & DEVELOPMENT

SARA LANGADMINISTRATION ASSISTANT/PERMIT TECHNICIAN

Sara was born in Upstate New York (near Syracuse), but has also lived in Texas (a Dallas Cowboys fan), Ohio (anElementary Education graduate of Ohio State University: Go Buckeyes!), Maryland and Virginia (where shetaught 3rd grade for 12 years in a multicultural elementary school and got her Master’s degree in CurriculumDesign for English as a Second Language Populations from the George Mason University) before finding herforever home in Evergreen, Colorado.

Prior to joining the department on February 23, she was the Grants & Contracts Administrator and FinancialAssistant for the Western Governors’ Association in downtown Denver.

She is single with no children, but keeps very busy organizing a wide variety of social events and groups inEvergreen. She enjoys hiking trails with her black lab, as well as doing photography and a variety of arts andcrafts, including teaching mosaics.

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City of Black HawkCity Council

February 25, 2015

MEETING MINUTES

City Accountant Teri Lupo rang the bell.

1. CALL TO ORDER: The regular meeting of the City Council was called to order onWednesday, February 25, 2015 at 3:00 p.m. by Mayor Spellman.

2. ROLL CALL: Present were: Mayor Spellman, Aldermen Armbright, Bennett,Johnson, Midcap, Torres and Moates.

Staff present: City Attorney Hoffmann, City Manager Lewis, Fire Chief Taylor, CityClerk/Administrative Services Director Greiner, Police Chief Cole,Police Lieutenant Watson, Police Sergeant Jantz, Public Works DirectorIsbester, Fleet Superintendent Jackson, Community Planning andDevelopment Administrator Linker, Finance Director Hillis, CityAccountant Lupo, and Deputy City Clerk Martin.

PLEDGE OFALLEGIANCE: Mayor Spellman led the meeting in the recitation of the Pledge of

Allegiance.

3. AGENDA CHANGES: Deputy City Clerk Martin confirmed there were no changes to theagenda.

4. CONFLICTS OFINTEREST: City Attorney Hoffmann asked Council to declare any Conflicts of

Interest on any issue appearing on the agenda this afternoon other thanthose previous disclosures and conflicts that have already beendisclosed and are on file with the City Clerk and Secretary of State.There were no conflicts noted from City Council.

City Attorney Hoffmann asked the audience if there were anyobjections to any member of Council voting on any issue on the agendathis afternoon. The audience had no objections.

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5. PUBLIC COMMENTS: Deputy City Clerk Martin stated that one person had signed up to speak,Tom Feeney.

Tom Feeney, of Marchant Street, said he walks a lot and just wanted tothank the Public Works Department for the great job of snowplowinglast week. He was very pleased and wanted to express it to the City.

6. APPROVAL OFMINUTES February 11, 2015.

MOTION TOAPPROVE Alderman Armbright MOVED and was SECONDED by Alderman

Johnson to approve the Minutes as presented.

MOTION PASSED There was no discussion and the motion PASSED 5-1, with AldermanMidcap abstaining.

7. PUBLIC HEARINGS:

None

8. ACTION ITEMS:

A. Resolution 18, A Resolution Approving a Boundary Line Agreement for the PropertyLine Between 221 and 231 Gregory Street Between the City of Black Hawk and CulverW. Van Der Jagt and Frank J. Garofalo

Mayor Spellman read the title.

Community Planning and Development Administrator Linker explainedthat after rezoning and development of 231 Gregory Street, the Citybecame aware that a portion of the building may be located on Cityproperty. The City and owners had previously entered into an easementagreement that acknowledged the discrepancy. This Boundary LineAgreement will memorialize what was agreed upon and settle anyencroachment issues. Staff recommends approval.

MOTION TOAPPROVE Alderman Johnson MOVED and was SECONDED by Alderman

Moates to approve Resolution 18, A Resolution Approving a BoundaryLine Agreement for the Property Line Between 221 and 231 GregoryStreet Between the City of Black Hawk and Culver W. Van Der Jagtand Frank J. Garofalo.

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MOTION PASSED There was no discussion and the motion PASSED unanimously.

9. CITY MANAGERREPORTS: City Manager Lewis was proud to introduce a collaboration between

Public Works and the Police Department, which resulted in the “BlackHawk Boot”. The Boot is a door locking device created to preservecriminal evidence in a hotel room, instead of posting a patrolman at thedoor, which could take days and be costly.

Sgt. Jantz showed a video on how it secures on a door and gave apresentation with the sample that Steve Jackson built. He said thePolice Department researched possible solutions out there, and therewas nothing like this on the market.

Council and the audience were amazed at the ingenuity and agreed itshould be patented. City Attorney Hoffmann asked for the video to besent to him so that he could start the patent process. Everyoneapplauded the collaboration effort and congratulated the individuals fora job well done.

10. CITY ATTORNEY: City Attorney Hoffmann had nothing to report.

11. EXECUTIVE SESSION: City Attorney Hoffmann recommended item number 5 for ExecutiveSession.

MOTION TOADJOUN INTOEXECUTIVESESSION Alderman Bennett MOVED and was SECONDED by Alderman

Armbright to adjourn into Executive Session at 3:15 p.m. to hold aconference with the City’s attorney to determine positions relative tomatters that may be subject to negotiations, develop a strategy fornegotiations, and/or instruct negotiators, pursuant to C.R.S., § 24-6-402(4)(e).


MOTION TOADJOURN Alderman Bennett MOVED and was SECONDED by Alderman

Moates to adjourn the Executive Session at 4:35 p.m.


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12.ADJOURNMENT: Mayor Spellman declared the Regular Meeting of the City Councilclosed at 4:35 p.m.

____________________________Melissa A. Greiner David D. SpellmanCity Clerk Mayor

COUNCIL BILL 6

ORDINANCE 2015-6

AN ORDINANCE AMENDINGCHAPTERS 4 AND 6 OF THEBLACK HAWK MUNICIPAL

CODE

03/05/15Q:\USERS\BH\ORD\2015\CHAPTERS 4 AND 6.DOC

STATE OF COLORADOCOUNTY OF GILPIN

CITY OF BLACK HAWK

COUNCIL BILL NUMBER: CB6

ORDINANCE NUMBER: 2015-6

TITLE: AN ORDINANCE AMENDING CHAPTERS 4 AND 6 OF THE BLACKHAWK MUNICIPAL CODE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BLACK HAWK,GILPIN COUNTY:

Section 1. Section 4-12, subsection (b) of the Black Hawk Municipal Code isamended to read as follows:

(b) The City adopts by reference Sections 31-20-105, 106 and 107, C.R.S., andhereby ordains and establishes its authority to certify to the County Clerk by resolutionadopted by the City Council, delinquent charges, assessments or taxes of any naturewhatsoever, including assessments for the City's costs of enforcing its building code.

Section 2. Section 4-68 of the Black Hawk Municipal Code is amended to read asfollows:

Sec. 4-68. Purchasing sales tax license.

It shall be unlawful for any person to engage in the business of selling at retail, asthe same is defined in this Article, without first having obtained a business/sales tax licensetherefore, which license shall be granted and issued by the City Clerk and shall be in forceand effect until December 31 of the year in which it is issued unless sooner revoked. Suchlicense shall be granted or renewed only upon application stating the name and address ofthe person desiring such a license, the name of such business, and the location, includingthe street number of such business, and such other facts as the City Clerk may require.


Sec. 4-70. Costs of License.

For each business/sales tax license issued, a fee shall be paid pursuant to aseparate resolution setting the City of Black Hawk Fee Schedule, which shall accompanythe application.


Sec. 4-71. Amendments.

The City Council may amend, alter or change this Article, except as to the four-percent rate of tax herein imposed, subsequent to adoption by a majority vote of the CityCouncil. Unless required by Article X, Section 20, of the Colorado Constitution, suchamendment, alteration or change need not be submitted to the electors of the City for theirapproval.

Section 5. Section 4-111, subsection (a) of the Black Hawk Municipal Code isamended to read as follows:

(a) The City Council has the authority to adopt this Article pursuant to the CityCharter.

Section 6. Section 4-118, subsection (c) of the Black Hawk Municipal Code isamended to read as follows:

(c) If the City is the supplier of services for the District, each fiscal period theCity Manager shall present to the City Council a proposed capital improvement programfor parking services, assigning funds, including any accrued interest, from the relevantTrust Fund to designated projects and related expenses. Funds, including any accruedinterest, not assigned in any fiscal period shall be retained in the same Parking Fee TrustFund until the next fiscal period except as provided by the refund provisions of thisArticle.


Sec. 4-192. Occupation taxes.

(a) All persons carrying on or engaging in any business, profession or occupationwithin the City limits shall pay an annual occupational tax of fifty dollars ($50.00), unlessotherwise provided in Subsection (b) below.

(b) The following businesses, professions, and occupations shall pay an annualoccupational tax as follows:

(1) Operators of any equipment or mechanical, electromechanical orelectronic contrivance, component or machine used remotely or directly in connectionwith gaming or any game, including slot machines, video gambling machines, pokertables, blackjack tables or video blackjack tables (a video gambling machine thatconsists of five (5) or less stations which has one (1) mechanical dealer and limitssimultaneous play to the stations that are permanently attached to the table in the samemanner as a "blackjack table"), shall pay per machine or table: the sum of sevenhundred fifty dollars ($750.00).

(2) Operators of vending machines shall pay per machine: the sum of ten dollars($10.00).

(3) Owners, suppliers and/or lessors of amusement machines or games of skill ofwhatever nature shall pay per machine: the sum of thirty dollars ($30.00).

(4) Route delivery to residential areas; any and all delivery vehicles which selland deliver food, goods or services at retail prices direct to residences in the City andwhich represent businesses or firms located outside the City, for each such vehicle: thesum of fifteen dollars ($15.00).

(5) A direct selling agent shall be construed to be any person who engages in orconducts the business of going from house to house, place to place, or in or along thestreets within the City, selling or offering for sale at retail any goods, wares ormerchandise, service or anything of value in the possession of the direct selling agent topersons other than manufacturers, jobbers or retailers in such commodities:

a. Per person, per quarter per year: the sum of five dollars ($5.00).

b. Per person, per calendar year: the sum of fifteen dollars ($15.00).

If such agent is a member of a resident business, and so reported and included in suchtax for that business, there shall be no charge for that agent engaging in direct selling onbehalf of such resident business.

(6) Junk dealers and used parts dealers: the sum of one hundred fifty dollars($150.00).

(7) Auctioneers: the sum of seventy-five dollars ($75.00).

(8) Hotels, motels, inns, bed and breakfasts, rooming houses or boarding houses:

a. One (1) to twenty-five (25) rooms for rent, the sum of thirty dollars($30.00);

b. Twenty-six (26) to fifty (50) rooms for rent, the sum of fifty-fivedollars ($55.00);

c. Fifty-one (51) to one hundred (100) rooms for rent, the sum of seventy-five dollars ($75.00); and

d. Over one hundred (100) rooms for rent, the sum of one hundred tendollars ($110.00).

(9) Commercial rental units:

a. Base tax, the sum of twenty-five dollars ($25.00); and

b. Per unit, the sum of ten dollars ($10.00).

(10) Home occupation: the sum of fifteen dollars ($15.00).

(11) Motion picture theaters: the sum of one thousand five hundred dollars($1500.00)

(12) Adult book stores and pawnbrokers: the sum of five thousand dollars($5,000.00).

(13) Massage parlors: the sum of five thousand dollars ($5,000.00).

(14) Asphalt production and production of commercial concrete products: thesum of two hundred fifty dollars ($250.00).

(15) Restaurants:

a. Seating capacity of one (1) to ten (10) patrons, the sum of seventy-fivedollars ($75.00);

b. Seating capacity of eleven (11) to twenty-five (25) patrons, the sum ofninety dollars ($90.00);

c. Seating capacity of twenty-six (26) to fifty (50) patrons, the sum of onehundred fifty dollars ($150.00);

d. Seating capacity of fifty-one (51) to one hundred (100) patrons, thesum of two hundred twenty-five dollars ($225.00);

e. Seating capacity of more than one hundred (100) patrons, the sum ofthree hundred dollars ($300.00); and

f. Where patrons drive from the street onto the parking lot and"drive-in service" is provided by the restaurant, the sum of two hundred dollars($200.00).

(16) Parking lots:

a. One (1) to ten (10) motor vehicles, the sum of twenty dollars($20.00);

b. Eleven (11) to twenty-five (25) motor vehicles, the sum of fortydollars ($40.00);

c. Twenty-six (26) to forty (40) motor vehicles, the sum of sixtydollars ($60.00);

d. Forty-one (41) to sixty (60) motor vehicles, the sum of seventy-five dollars ($75.00);

e. Sixty-one (61) to ninety (90) motor vehicles, the sum of ninetydollars ($90.00); and

f. Over ninety (90) motor vehicles, the sum of one hundred fifteendollars ($115.00).

(17) Race track: the sum of four hundred fifty dollars ($450.00).

(18) Golf course, includes private, public and municipally owned or operated golfcourses: the sum of twenty-five dollars ($25.00).

(19) Country clubs: the sum of twenty-five dollars ($25.00).

(20) Kennels, groomers, pet shops and veterinary clinics: the sum of ninety dollars($90.00).

(21) Banks, financial institutions and lenders: the sum of one hundred dollars($100.00).

(22) Barbershops, spas and beauty salons: the sum of sixty-five dollars ($65.00).

(23) Dry cleaning: the sum of ninety dollars ($90.00).

(24) Travel agency: the sum of one hundred dollars ($100.00).

(25) Liquor license:

a. All operators who are licensed to sell beer, wine and spirituousliquors for consumption on the premises either as hotels or restaurants, the sum offive hundred dollars ($500.00).

b. All operators who are licensed to sell beer and wine only forconsumption on the premises either as hotels or restaurants, the sum of fourhundred dollars ($400.00).

c. All operators who are licensed to sell beer, wine and spirituousliquors for consumption on the premises either as taverns or gaming taverns, thesum of seven hundred dollars ($700.00).

d. All operators licensed to sell malt, vinous or spirituous liquors inoriginal containers for consumption off the premises, as retail liquor stores ordrugstores, the sum of three hundred fifty dollars ($350.00).

e. All operators licensed to sell only three and two-tenths percent(3.2%) beer in original containers for consumption off the premises, the sum ofthree hundred fifty dollars ($350.00).

f. All operators licensed to sell only three and two-tenths percent(3.2%) beer by the drink for consumption on the premises, the sum of onethousand dollars ($1,000.00).

Section 8. Section 4-202, subsection (a)(1)g. of the Black Hawk Municipal Code isamended to read as follows:

g. The City Council determines that there is a financial hardship.


Sec. 6-5. License fees.

Every person required to be licensed by the provisions of this Article shall pay the amountset forth pursuant to a separate resolution setting the City of Black Hawk Fee Schedule.


Sec. 6-13. Notice and hearing prior to suspension or revocation.

All hearings to revoke, suspend or cancel a license shall be before the City Counciland conducted according to Article V, Chapter 2 of this Code. The suspension or revocationof any license shall not release or discharge anyone from his or her civil liability for thepayment of the taxes, penalty and interest nor from the prosecution of the offense.


Sec. 6-14. Cease and desist.

If any business is operating without a license, the Mayor may issue an order to thebusiness to cease and desist all further operation until a license is issued for the business.The order shall give the business three (3) days to pay all amounts due the City; or to post abond in the amount owing the City and to request in writing a hearing with the City Clerk. Ifthe business does nothing, it shall cease operations on the third day. The hearing will bebefore the City Council and conducted according to Article V, Chapter 2 of this Code. Theseproceedings shall not relieve or discharge anyone from the civil liability for the payment ofthe taxes, penalty and interest nor from the prosecution of the offense.

Section 12. The following definition in Section 6-51 of the Black Hawk MunicipalCode is amended to read as follows:

Local licensing authority means, for purposes of this Article, the City Council.

Section 13. Section 6-52, subsections (a)(5) and (a)(7) of the Black Hawk MunicipalCode are amended to read as follows:

(5) Any person employing, assisted by or financed in whole or in part by any otherperson who is not of good character and reputation satisfactory to the City Council;

* * *

(7) Any person whose character, record and reputation is not satisfactory to the CityCouncil; and


Sec. 6-55. Sale of all or part of business interest.

(a) Whenever any individual, corporation or partnership existing or licensed underthis Article sells all or part of its corporate stock, partnership interest or business interest ina beer or liquor outlet and a new license application is required by the State, an applicationfee pursuant to a separate resolution setting the City of Black Hawk Fee Schedule shall bepaid to the City at the time of making the application.

(b) The City Clerk shall follow the procedures in this Article for the investigation ofthe applicant, and shall determine whether the investigation reveals any informationtending to establish that the applicant may be prohibited from holding a license pursuant toSection 6-52. If the investigation reveals no information tending to establish that theapplicant may be prohibited from holding a license, the City Clerk shall issue a license tothe applicant; provided, however, that if the investigation reveals any information tendingto establish that the applicant may be prohibited from holding a license, the City Clerkshall cause the new application for the existing outlet to be placed on the agenda not lessthan four (4) days nor more than thirty (30) days after the City Clerk has received theapplication. The applicant, or his or her attorney, shall be in attendance at the City Councilmeeting at which his or her application is presented. The date of presentation of theapplication to the City Council shall be deemed the date of filing the application. Uponreceipt of the application, the City Council shall follow procedures set forth in this Articlefor the conduct of a public hearing. The City Council shall only consider the criteria listedin Section 6-52 when conducting the hearing.

(c) The City Clerk shall have the authority to issue a temporary permit to anyapplicant under this Section who has also satisfied the applicable provisions of Section 12-47-303, C.R.S., and the provision of such statute shall apply to both the issuance andadministration of such a temporary permit. The City Clerk shall not charge a fee for atemporary permit if the application for the temporary permit is filed with the City Clerk atthe same time as the application to transfer ownership of a license. Otherwise, the CityClerk shall charge a fee pursuant to the Fee Schedule as determined by the ColoradoDepartment of Revenue for a temporary permit.


(a) Whenever any corporation causes a change in its corporate officers or directors,and a license addendum is required to be filed with the State, an application fee pursuant toa separate resolution setting the City of Black Hawk Fee Schedule shall be paid to the Cityat the time of filing the addendum with the City.


Sec. 6-57. Renewal fee and procedures.

(a) All renewal applications for malt, vinous and spirituous liquor licenses andfermented malt beverage licenses shall be submitted to the City Clerk on the prescribedforms, together with the applicable license fee, in accordance with the fee schedule asdetermined by the Colorado Department of Revenue, no later than forty-five (45) daysprior to the date on which the license expires. No renewal application shall be accepted bythe City Clerk which is not complete in every detail.

(b) Upon receiving the completed renewal application, the City Clerk shall assemblethe file of the applicant and review the file to determine whether "good cause" is presentfor nonrenewal. Whether "good cause" is present is a fact specific inquiry depending onthe circumstances of the case, and may be based on evidence that continuation of thelicense would be contrary to the public interest, as well as the conduct of the licensee. Ifthe City Clerk's review indicates no facts or circumstances supporting "good cause" fornonrenewal, the City Clerk shall issue a renewal license; provided, however, that in theevent the renewal application is made by a financial institution which came into possessionof the license by virtue of a deed in lieu of foreclosure, a hearing must be held before theCity Council.

(c) If there is information before the City Clerk tending to constitute good cause fornot renewing a particular license for an additional year, the City Clerk, at the direction ofthe City Council, shall cause to be issued a notice of hearing on the license renewal. In theevent the City Clerk issues a notice requiring a hearing to renew a license, the notice shallbe served at least thirty (30) days prior to the expiration date on the license and a notice ofthe hearing shall be conspicuously posted on the premises at least ten (10) days prior tohearing.

(d) Hearings held on any renewal application, after proper notice has been given, mayresult in denial of renewal of the license for good cause.

(e) In the event that a license is renewed by the licensing authority, such renewal willnot affect a pending show cause order which relates to an incident that occurred prior tothe date of the renewal. The licensing authority shall be authorized to take whateveraction is necessary against a licensee either in the form of suspension or revocation of theliquor license regardless of when such license has been renewed.

Section 17. Section 6-59, subsection (4) of the Black Hawk Municipal Code isamended to read as follows:

(4) After all information pertinent to the application has been provided, the CityCouncil's decision shall be made by resolution within thirty (30) days. No public hearingshall be required unless the City Council, in its discretion, determines that a public hearing isnecessary.


Sec. 6-60. Application fee.

An application fee in accordance with the fee schedule as determined by theColorado Department of Revenue shall be made to the City at the time of making anapplication for a liquor license, or renewal. This fee shall be used by the City todefray the expenses incurred by the City in investigating the applicant and conductingthe hearing. No part of this fee shall be refundable to the applicant for any reason.This fee shall be in addition to the license fees set forth in Section 6-72 of this Article.


Sec. 6-61. Initial appearance before the City Council; setting public hearing.

(a) The City Clerk shall place on the agenda of a City Council meeting the request fora new liquor license. The meeting shall be held not less than four (4) days nor more thanthirty (30) days after the City Clerk has received the application. The date the completedapplication is received by the City Clerk shall be deemed the date of filing of theapplication.

(b) The City Council shall set the boundaries of the neighborhood and shall set a datefor public hearing. The public hearing shall be held not less than thirty (30) days from thedate of the City Council meeting in which the application was presented.


Sec. 6-62. Public notice.

The applicant for a liquor license shall cause to be posted and published, not less thanten (10) days prior to the public hearing, a public notice of the hearing:

(1) The sign used for posting such notice shall be of suitable material, not less thantwenty-two (22) inches wide and twenty-six (26) inches high, composed of letters not lessthan one (1) inch in height and stating the type of license applied for, the date of theapplication, the date of hearing, the name and address of the applicant and such otherinformation as may be required to fully apprise the public of the nature of the application. Ifthe applicant is a corporation, association or other organization, the sign shall contain the

names and addresses of the president, vice-president, secretary and manager or othermanaging officers.

(2) The published notice shall contain the same information as that required forsigns, and shall be composed of eight-point boldface type set so as to be not less than one (1)column in width nor less than six (6) inches in length.

(3) If the building in which liquor is to be sold is in existence at the time of theapplication for the license, the sign shall be placed on the premises so as to be conspicuousand plainly visible to the general public from the exterior of the building. If the building isnot in existence at the time of the application, the sign shall be posted upon the premiseswhere the building is to be constructed in such a manner that it shall be conspicuous andplainly visible to the general public.


Sec. 6-64. Consideration of factors.

Before entering any decision approving or disapproving the liquor license application,the City Council shall consider the following:

(1) The facts and evidence of the investigation;

(2) The reasonable requirements of the neighborhood for the type of liquor license forwhich application has been made, including reference to the number, type and availability ofliquor outlets in or near the neighborhood under consideration;

(3) The desires of the adult inhabitants of the neighborhood as evidenced by petitions,remonstrances or otherwise;

(4) The use of additional law enforcement resources; and

(5) Other pertinent facts and evidence affecting the qualifications of the applicant.


Sec. 6-65. Decision of the City Council.

The decision of the City Council approving or denying the application for a liquorlicense shall be in writing stating the reasons and shall be issued within thirty (30) daysafter the date of the public hearing. A copy of the decision shall be sent by mail to theapplicant at the address shown in the application.


Sec. 6-66. Business premises prerequisite.

In the case of buildings not yet in existence, where the City Council votes in favor ofthe issuance of a liquor license, the license shall not be issued until the building in whichthe business is to be conducted is ready for occupancy, and then only after inspection ofthe premises has been made to determine that the applicant has substantially complied withthe architect's drawings and plans and specifications submitted for such license.


Sec. 6-70. Rehearing limitation.

No application for the issuance of a liquor license shall be considered by the CityCouncil if an application for a similar type of license has been denied for the samelocation within the two (2) years immediately preceding the date of the new application.


Sec. 6-71. Penalty for violation.

(a) Any licensee who violates the terms of this Article may be subject to suspensionor revocation of his or her license pursuant to Section 12-47-601, C.R.S.

(b) Whenever the City Council's decision to suspend a license becomes final,whether by failure of the licensee to appeal the decision or by exhaustion of allappeals and judicial review, the licensee may, before the operative date of thesuspension, petition for permission to pay a fine in lieu of the license or permitsuspension for all or part of the suspension period. Upon the receipt of thepetition, the Authority may, in its sole discretion, stay the proposed suspensionand cause any investigation to be made that it deems desirable and may, in its solediscretion, grant the petition if it is satisfied:

(1) That the public welfare and morals would not be impaired bypermitting the licensee to operate during the period set for suspension and that thepayment of the fine will achieve the desired disciplinary purposes; and

(2) That the books and records of the licensee are kept in such amanner that the loss of sales of alcohol beverages that the licensee would havesuffered had the suspension gone into effect can be determined with reasonableaccuracy.

(c) Payment of any fine shall be in the form of cash, a certified check or a cashier'scheck payable to the City. Such fine shall be paid into the general fund of the City.

(d) The City Council may grant such conditional or temporary stays as are necessaryfor it to complete its investigations, to make its findings as specified in Subsection (b) of

this Section, and to grant a permanent stay of the entire or part of the suspension. If nopermanent stay is granted, the suspension shall go into effect on the operative date finallyset by the City Council.


Sec. 6-72. License and application fees.

(a) The license fees in the appropriate amount in accordance with the fee schedule asdetermined by the Colorado Department of Revenue shall be paid to the City Clerk at thetime of application submittal.

(b) No rebate shall be paid by the City of any alcoholic beverage license fee paid forany such license issued by it except upon affirmative action by the local licensingauthority rebating a proportionate amount of such license fee.

(c) Each application for a license provided for in this Section filed with the locallicensing authority shall be accompanied by an application fee in accordance with the feeschedule as determined by the Colorado Department of Revenue to cover actual andnecessary expenses.

(e) The local licensing authority will charge applicants according to the City ofBlack Hawk Fee Schedule for the cost of each fingerprint analysis and backgroundinvestigation undertaken to qualify new officers, directors, stockholders, members ormanagers pursuant to the requirements of Section 12-47-307, C.R.S.; however, the locallicensing authority shall not collect such a fee if the applicant has already been approvedby the State licensing authority with an approved master file.


Sec. 6-73. Administrative approval.

(a) In addition to the authority vested in the City Clerk pursuant to Sections 6-55, 6-56 and 6-57 of this Article, the City Clerk is authorized to administratively approve thefollowing:

(1) Registration of managers;

(2) Alteration of licensed premises that do not materially alter the premises orexpand the premises to an outside area;

(3) Change of trade name; and

(4) Change of corporate structure.

(b) The City Clerk shall have the discretion to determine, based on the City Clerk'sinvestigation, to cause a request for approval under this Section to be placed on theagenda of the City Council for the City Council's determination.


Sec. 6-74. Special events liquor permits.

(a) Pursuant to Section 12-48-107(5)(a), C.R.S., the City Council, acting as the LocalLicensing Authority ("Authority"), elects not to notify the state licensing authority toobtain the state licensing authority's approval or disapproval of applications for specialevents.

(b) The City Clerk shall report to the Colorado Liquor Enforcement Division, withinten (10) days after the Authority issues a special event liquor permit, the name of theorganization to which the permit was issued, the address of the permitted location and thepermitted dates of alcohol beverage service.

(c) Upon receipt of an application for a special event permit, the City Clerk shall, asrequired by Section 12-48-107(5)(c), C.R.S., access information made available on thestate licensing authority's web site to determine the statewide permitted activity of theorganization applying for the permit. The Authority shall consider compliance with theprovisions of Section 12-48-105(3), C.R.S., which restricts the number of permits issued toan organization within a calendar year to fifteen (15), before approving any application.

(d) A special event liquor permit may be issued only upon a satisfactory showing byan organization or a qualified political candidate that:

(1) Other existing facilities are not available or are inadequate for the needs of theorganization or political candidate; and

(2) Existing licensed facilities are inadequate for the purposes of serving membersor guests of the organization or political candidate and that additional facilities arenecessary by reason of the nature of the special event being scheduled; or

(3) The organization or political candidate is temporarily occupying premises otherthan the regular premises of such organization or candidate during special events suchas civic celebrations or county fairs and members of the general public will be servedduring such special events.

(e) Each application for a special event liquor permit shall be accompanied bya permit fee in accordance with the fee schedule as determined by the ColoradoDepartment of Revenue.


Sec. 6-92. Fee.

An application fee and a license or renewal fee, in accordance with the fee scheduleas determined by the Colorado Department of Revenue shall be made to the City at thetime of making an application for a 3.2 beer license. This fee shall be used by the City todefray the expenses incurred by the City in investigating the applicant and conducting thehearing. No part of this fee shall be refundable to the applicant for any reason.


Sec. 6-93. Initial appearance before City Council; setting public hearing.

(a) The City Clerk shall place on the agenda of a City Council meeting the request fora 3.2 beer license. The meeting shall be held not less than four (4) days nor more thanthirty (30) days after the City Clerk has received the completed application.

(b) The City Council shall set the boundaries of the neighborhood and shall set a datefor public hearing. The public hearing shall be held not less than thirty (30) days from thedate of the City Council meeting in which the application was presented.


Sec. 6-94. Public notice.

(a) The applicant for a 3.2 beer license shall cause to be posted and published apublic notice of hearing not less than ten (10) days prior to the public hearing. The signused for posting such notice shall be of cardboard material, not less than twenty-two (22)inches wide and twenty-six (26) inches high, composed of letters not less than one (1) inchin height and stating the type of license applied for, the date of the application, the date ofhearing, the name and address of the applicant, and such other information as may berequired to fully apprise the public of the nature of the application. If the applicant is apartnership, the sign shall contain the names and addresses of all partners. If the applicantis a corporation, association or other organization, the sign shall contain the names andaddresses of the president, vice-president, secretary and manager or other managingofficers.

(b) The published notice shall contain the same information as that required for signs,and shall be composed of eight-point boldface type set so as to be not less than one (1)column in width nor less than six (6) inches in length.

(c) Where the building in which the 3.2 beer is to be sold is in existence at the time ofthe application for the license therefore, the sign shall be placed on the premises so as to beconspicuous and plainly visible to the general public from the exterior of the building. Ifthe building is not in existence at the time of such application, the sign shall be posted

upon the premises upon which the building is to be constructed in such manner that it shallbe conspicuous and plainly visible to the general public.


Sec. 6-95. Investigation of applicant.

(a) The City Clerk shall make an investigation of the applicant for a 3.2 beer license,and, in the case of a corporation, the board of directors of the applicant, and, in the case ofa partnership, the partners of the applicant. Such investigation shall include fingerprintingand the obtaining from the Colorado Bureau of Investigation a report on the applicant.

(b) Not less than five (5) days prior to the date of the hearing on an application underthis Article, the written report of the findings based on the investigation by the City Clerkshall be made available to the applicant and other interested parties.


Sec. 6-97. Considerations for approving or denying application.

Before entering any decision approving or denying the application for a 3.2 beerlicense, the City Council shall consider the following:

(1) The desires of the adult inhabitants of the neighborhood as evidenced bypetitions, remonstrances or otherwise;

(2) The reasonable requirements of the neighborhood;

(3) The character and reputation of the applicant; and

(4) Other pertinent facts and evidence affecting the qualification of the applicant.


Sec. 6-98. Approval or disapproval.

The decision of the City Council approving or denying the application for a 3.2 beerlicense shall be in writing stating the reasons and shall be issued within thirty (30) daysafter the date of the public hearing on the application. A copy of such decision shall besent by mail to the applicant at the address shown in the application.


Sec. 6-99. Issuance of license when building not yet constructed.

In the case of buildings not yet in existence, where the City Council votes in favor ofthe issuance of a 3.2 beer license, the license shall not be issued until the building in whichthe business is to be conducted is ready for occupancy, and then only after inspection ofthe premises has been made to determine that the applicant has substantially complied withthe architect's drawings and specifications submitted with the application for such license.


Sec. 6-101. Rehearing limitation.

No application for the issuance of a 3.2 beer license shall be considered by the CityCouncil if an application for a similar type of license has been denied for the same locationwithin the two (2) years immediately preceding the date of such new application.


Sec. 6-222. Registration.

Any person who engages in the business of general contracting or construction workshall register with the City Clerk and obtain a business license prior to beginning anyconstruction within the City. The contractor must also provide any bond or certificate ofinsurance as directed by the City Clerk prior to the commencement of any constructionoperations within the City.


(a) Failure of a contractor to comply with the terms of this Article shall be grounds tosuspend or revoke its registration or issue a cease and desist order according to Sections 6-11 through 6-14 of this Chapter.


Sec. 6-245. Fees.

The annual license fees under this Article shall be set by resolution of the City Counciladopting the City of Black Hawk Fee Schedule.


(a) Each individual applicant, partner, officer, director and holder of ten percent(10%) or more of the corporate stock of a corporate applicant, and all managers, shall be

designated in each application form, and each of them shall be and fingerprinted by theCity Clerk.


Sec. 6-294. Initial application fee.

Each applicant shall pay an initial application fee as set by the City of Black HawkFee Schedule at the time of filing an application. In the event the application is denied, theCity shall retain fees to cover costs related to the investigation and processing of theapplication, and any remainder of the fee shall be refunded to the applicant.


Sec. 6-295. Investigation of applicant.

(a) Upon receipt of a properly completed application, as determined by the CityClerk, the payment of the application fee and verification of bond and insurancerequirements, the City Clerk shall conduct an investigation of the background, characterand financial responsibility of each individual applicant, and of the partners, officers,directors and holders of ten percent (10%) or more of the stock of a corporation, and eachperson named as a manager of a proposed pawnbroker's establishment. The City may issuean applicant a temporary license pending completion of the investigation.

(b) The City Clerk shall furnish the results of such investigation to the City Council.


Sec. 6-296. Denial of license.

(a) The application of any applicant may be denied by the City Council on groundsincluding, but not limited to, the following:

(1) An individual applicant, partner, officer or director of a corporation, holder often percent (10%) or more of the stock of a corporation, or manager of a pawnbroker'sestablishment, is not of such character as to reasonably assure that the operations of thepawnbroker's establishment will be conducted lawfully and in a manner which will notbe detrimental to the public interest or well being. Having been adjudged in any civilor criminal proceeding to have indulged in business or trade practices prohibited bylaw, or convicted of any felony or other offense involving moral turpitude andpertinent circumstances connected therewith, shall be considered in determiningwhether the individual applicant, manager, partner, director or holder of ten percent(10%) or more of the applicant's stock is a person of good moral character.

(2) Failure to comply with any law, rule or regulation relating to the conduct oroperation of any pawnbroker or secondhand dealer business.

(3) The suspension or revocation of any pawnbroker or secondhand dealer license.

(b) The City Council shall not deny a license to an applicant without notice to theapplicant of the reasons for such denial and an opportunity for a hearing before the CityCouncil by the applicant to respond to or defend the issues which may constitute reasonsfor denial of the license.


Sec. 6-297. Annual license fee and occupational tax.

Upon notification by the City Clerk of approval of an application, an annual businesslicense fee and the occupational tax, pursuant to a separate resolution setting the City ofBlack Hawk Fee Schedule shall be paid to the City. All pawnshops licensed at the time ofenactment of this Article must, as a condition of the initial renewal of such licensesfollowing the effective date of the ordinance codified herein, fulfill all the requirements ofSection 6-293 of this Article and pay actual costs for investigation and processing as setforth in Section 6-295 above. Notwithstanding the foregoing, the City may require aninvestigation pursuant to renewal of any license if it is determined that reasonable causeexists for such investigation to maintain the public health, safety and welfare of thecommunity.


Sec. 6-300. Change of managers.

In the event of a change of managers, the licensee shall disclose to the City thechange in managers; and the new manager shall fulfill all the requirements of Section 6-293 (a)-(c) above. Failure of a manager to meet the prescribed standards and qualificationsshall constitute grounds for termination of the license.


(a) The City Council finds that the practice of individuals, businesses and casinosconducting special events involving musical performances, entertainment or variouspromotions outside of the licensed business premises or upon vacant property constitutesa potential public nuisance, and should be regulated. When alcoholic beverages areconsumed outside of the licensed premises, the potential for liquor violations, underageconsumption and civil disturbances increases.


Sec. 6-334. Application and Fee.

Applications for a special event permit or an annual program of special eventspermits shall be made to the City Clerk upon forms provided by the City Clerk for thatpurpose. An application fee pursuant to a separate resolution setting the City of BlackHawk Fee Schedule shall be submitted at the time of application. If liquor is requested, anadditional Special Event Liquor Permit will be required, see Section 6-74. The applicationshall include a site plan which shall show where the event will be held and specificallyidentify what effect, if any, the special event or the annual program of special events willhave on private property. The application shall further provide the methods to be used tomaintain public safety during the special event or the annual program of special events.The City Clerk shall grant a special event or the annual program of special events permit,provided that the application form is fully completed and is in compliance with this Articleand the ordinances of the City. Each separate day that a special event is conducted shallrequire a separate special event permit, except for the annual program of special events,and except for the promotion or display of a maximum of one (1) vehicle outside of anylicensed premises, which shall be for a duration as set forth in the application, but not toexceed thirty (30) days.

Section 48. The definition of Licensing Officer in Section 6-352 of the Black HawkMunicipal Code is amended to read as follows:

Licensing Officer means the City Clerk or his or her designee.


Sec. 6-356. Investigation and application.

(a) Upon receipt of a completed application for a sexually oriented business permitproperly filed with the Licensing Officer and upon payment of the nonrefundableapplication and permit fee pursuant to a separate resolution setting the City of BlackHawk Fee Schedule, the Licensing Officer shall immediately stamp the application asreceived and send photocopies of the application to the Department of CommunityDevelopment, the Police Department and the Building Department. Each department oragency shall promptly conduct an investigation of the applicant, application and theproposed sexually oriented business in accordance with its responsibilities under law.Said investigation shall be completed within twenty (20) days of receipt of the completedapplication by the Licensing Officer. At the conclusion of its investigation, eachdepartment or agency shall indicate on the copy of the application its approval ordisapproval of the application, date it, sign it and, in the event it disapproves, state thereasons therefore. The Police Department shall only be required to provide theinformation specified in Subsection 6-354(c) above and shall not be required to approveor disapprove applications.

(b) A department or agency shall disapprove an application if it finds that theproposed sexually oriented business will be in violation of any provision of any statute,

code, ordinance, regulation or other law in effect in the City. After its indication ofapproval or disapproval, each department or agency shall immediately return a copy ofthe application to the Licensing Officer.


Sec. 6-377. Fees for sexually oriented businesses.

The annual license fees under this Article shall be set by resolution of the CityCouncil adopting the City of Black Hawk Fee Schedule.


Sec. 6-393. Vending Conditional use permit.

It shall be unlawful for any person to sell or attempt to sell any commodity by meansof vending such commodity within the City without first securing a permit and payment ofthe permit fee, as set forth in the City of Black Hawk Fee Schedule. In order to obtain avending conditional use permit, proof of insurance and a current business license from theCity must be submitted along with the permit fee.


Sec. 6-412. Permit required.

(a) No person shall solicit within the City without a valid solicitation permit, whichmust be carried on his or her person at all times.

(b) A solicitation permit obtained by an organization shall be valid for use by allmembers or employees of, or volunteers affiliated with, such organization, provided thateach person operating under said permit carries a copy of the permit at all times.

(c) Permit application.

(1) An application for a solicitation permit shall be made to the City Clerk. Thereshall be no fee for such application. Proof of all other required City licenses, including aCity business license, shall apply.

(2) Each applicant shall provide a valid government-issued identification andcurrent contact information for his or her immediate supervisor and current contactinformation for his or her employer. The failure to provide valid identification or any ofthe requested contact information shall result in the denial of the application.

(3) Within thirty (30) days of receipt of the application, the City Clerk shall eithergrant the solicitation permit or deny the application.

(4) A completed set of fingerprints for the applicant, owner, officers, manager andemployees, and associated fee pursuant to a separate resolution setting the City of BlackHawk Fee Schedule.

(5) If the City Clerk determines that the applicant has violated any provision of thisCode under a prior solicitation permit or that the proposed solicitation would violate anyprovision of this Code, the City Clerk may deny the application for a solicitation permit.Otherwise, the solicitation permit shall be granted.

(6) All permits shall expire not more than thirty (30) days after the date ofissuance, unless revoked. The expiration date shall be determined by the City Clerk atthe time of application and shall be written on the permit itself.

(d) Permit revocation.

(1) If the City Clerk determines that a permittee has violated any provision of thisCode while soliciting under a solicitation permit, the City Clerk may revoke thesolicitation permit immediately upon verbal or written notice to the permittee.

(2) The permittee shall be entitled to an informational hearing on the revocationbefore the City Clerk, which hearing shall be held within seventy-two (72) hours of therevocation. At the time of revocation, the permittee shall be provided verbal or writtennotice of the time and place of said hearing.

(3) At such hearing, the permittee shall be provided an opportunity to be heardand, at the conclusion of the hearing, the City Clerk shall either affirm the revocation orreinstate the permit. If the permittee fails to appear for such hearing, the revocation shallstand.


Sec. 6-433. Permit required.

(a) It shall be unlawful for any person to operate a mobile auto repair business withinthe City without first securing a permit and paying the permit fee pursuant to a separateresolution setting the City of Black Hawk Fee Schedule.

(b) Application requirements. Prior to the issuance of a mobile auto repair businesslicense, the applicant shall provide the City Clerk with the following:

(1) The applicant's written policies and procedures for:

a. The storage, use and disposal of cleaning solvents and thinners used inconjunction with painting and repair activities in accordance with federal, state andlocal laws;

b. The recording of the daily use of solvents, thinners, coating materials andformulations used in conjunction with mobile body and paint repairs;

c. The packaging, handling and transportation of hazardous materials used inconjunction with mobile auto repairs;

d. The control of solids and liquids produced during grinding, sanding or coating,to prevent contact with the ground and potentially contaminating storm water runoff;

e. The storage, handling and disposal of hazardous wastes created as a result ofmobile auto repairs, in accordance with federal and state laws; and

f. Workplace safety and organization.

(2) The permanent street address of the applicant's primary place of business wherecalls are received and the mobile vehicles are parked when not in use.

(3) The make, model and year of all vehicles to be used for purposes of the mobileauto repair business.

(c) License period. All licenses shall expire January 1 of each calendar year.

(d) Renewal. In the event that a mobile auto repair licensee wishes to renewhis or her license, the licensee shall first submit to the City an application updating allinformation contained in the initial application, along with the annual permit fee.


Sec. 6-501. Findings.

The City Council adopts this Article on the following findings of fact:

(1) That the business of providing escorts and escort services within the City seriouslyaffects the health, safety and general welfare of the public, specifically with regard to theeconomic, social and moral well-being of the City, its residents and its visitors;

(2) That entities and individuals operating under the guise of providing escorts andescort services contribute to prostitution within the City and confuse the public as to what is alegitimate business;

(3) That individuals operating under the guise of providing outcall entertainmentservices for compensation, such as companionship, rub-downs, sensual massage, relaxationservices and other nontherapeutic massage, contribute to prostitution within the City andconfuse the public as to what is a legitimate business;

(4) That the existence of such businesses and individuals operating within the Cityconstitutes a legitimate need for the exercise of the City's police powers; and

(5) That such businesses must be regulated strictly to ensure the protection of thepublic health, safety and general welfare.


Sec. 6-502. Purpose.

(a) The City Council declares that this Article is intended to provide for the orderlyregulation and licensing of escort and related services within the City by establishingcertain minimum standards for the conduct of this type of business in order to protect thehealth, safety and welfare of the citizens of the City.

(b) The City Council further declares its intent to regulate outcall entertainmentservices by curtailing prostitution under the guise of such services without de factoprohibiting or curtailing legitimate business or potentially protected expression. Thepurpose of this Article is to strike a balance between the legitimate ends of the communityby:

(1) Imposing an incidental, content-neutral time, place and manner regulating thoseentities and individuals providing outcall entertainment services without limiting alternativeavenues of communication; and

(2) Requiring those entities and individuals providing outcall entertainment servicesto carry their fair financial share of law enforcement activities related to such outcallentertainment services.

(c) Nothing contained within this Article is intended to supplant or supersede theregulation of massage therapists under Title 12, Article 35.5, C.R.S.

Section 56. The definition of Local licensing authority in Section 6-503 of the BlackHawk Municipal Code is amended to read as follows:

Local licensing authority means the City Council.


Sec. 6-506. Application fees.

(a) Each applicant, whether an individual, partnership, limited liability company orcorporation, shall pay an application processing fee pursuant to a separate resolutionsetting the City of Black Hawk Fee Schedule at the time of submission of an application tothe City Clerk. Such application fee shall be nonrefundable.

(b) Each applicant shall pay an application investigation fee pursuant to a separateresolution setting the City of Black Hawk Fee Schedule for each person who will beinvestigated as required by this Article.

Section 58. Section 6-507, subsection (e) of the Black Hawk Municipal Code isamended to read as follows:

(e) At the hearing, the local licensing authority shall hear and consider suchevidence and testimony presented by the City, the applicant or any other witnesses calledby the City or the applicant which are relevant to the stated reason and basis for the CityClerk's denial of the license application. The local licensing authority shall conduct thehearing in conformity with quasi-judicial proceedings and shall permit the relevanttestimony of witnesses, cross-examination and presentation of relevant documents andother evidence. The hearing shall be recorded. Any person requesting a transcript of suchrecord shall pay the reasonable cost of preparing the record.


Sec. 6-509. License fee.

The annual license fee for any license issued pursuant to this Article shall be payable tothe City Clerk at the time an initial license application is filed or at the time a renewalapplication is filed. The license fee is in addition to any application fee required by thisArticle, and pursuant to a separate resolution setting the City of Black Hawk Fee Schedule.The license fee shall be nonrefundable unless an application is denied.

Section 60. Section 6-511, subsection (c) of the Black Hawk Municipal Code isamended to read as follows:

(c) At the hearing, the local licensing authority shall hear and consider such evidenceand testimony presented by the Police Department or other enforcement officers, the City,the licensee or any other witnesses called by the City or the licensee, which are relevant tothe violations alleged in the complaint. The local licensing authority shall conduct thehearing in conformity with quasi-judicial proceedings and shall permit the relevanttestimony of witnesses, cross-examination and presentation of relevant documents andother evidence. The hearing shall be recorded. Any person requesting a transcript of suchrecord shall pay the reasonable cost of preparing the record. Subpoenas may be issued inaccordance with the provisions of Section 6-507 of this Article.


(a) The City Council, acting in its capacity as the local licensing authority, shall beauthorized to: certify and decertify promotional associations; designate the location, size,security and hours of operation of common consumption areas; and allow attachment oflicensed premises to common consumption areas consistent with this Article and theprovisions included herein.

Section 62. The definition of Local licensing authority in Section 6-533 of the BlackHawk Municipal Code is amended to read as follows:

Local licensing authority means, for the purposes of this Article, the City Council.


Sec. 6-534. Creation of Entertainment District.

In order to exercise the City's local option to allow common consumption areas in theCity and to effectuate the purposes and intent of Section 12-47-301(11), C.R.S., there ishereby established and designated the Entertainment District, whose boundaries include allland, inclusive of rights-of-way, located on and adjacent to Main Street and Miners' MesaDrive, as more particularly described in Exhibit A to the ordinance codified herein.Properties may be included or excluded from the Entertainment District by resolution ofthe City Council. By establishing the Entertainment District, the City authorizes thelicensing of designated common consumption areas in which alcohol beverages may besold and consumed subject to the requirements of this Article, this Code and the ColoradoLiquor Code.

Section 64. Section 6-535, subsection (a)(9) of the Black Hawk Municipal Code isamended to read as follows:

(9) An application fee pursuant to a separate resolution setting the City of Black HawkFee Schedule.

Section 65. Section 6-537, subsection (a)(4) of the Black Hawk Municipal Code isamended to read as follows:

(4) An application fee pursuant to a separate resolution setting the City of Black HawkFee Schedule.


Sec. 6-540. Fees.

Application fees shall be set pursuant to a separate resolution of the City Council.

Section 67. Safety Clause. The Board of Aldermen hereby finds, determines, anddeclares that this Ordinance is promulgated under the general police power of the City of BlackHawk, that it is promulgated for the health, safety, and welfare of the public, and that thisOrdinance is necessary for the preservation of health and safety and for the protection of publicconvenience and welfare. The Board of Aldermen further determines that the Ordinance bears arational relation to the proper legislative object sought to be attained.

Section 68. Severability. If any clause, sentence, paragraph, or part of this Ordinanceor the application thereof to any person or circumstances shall for any reason be adjudged by a

court of competent jurisdiction invalid, such judgment shall not affect application to otherpersons or circumstances.

Section 69. Effective Date. The City Clerk is directed to post the Ordinance asrequired by the Charter. This Ordinance shall become effective upon posting by the City Clerk.

READ, PASSED AND ORDERED POSTED this 11th day of March, 2015.

_______________________________David D. Spellman, Mayor

ATTEST:

________________________________Melissa A. Greiner, City Clerk

CITY OF BLACK HAWKREQUEST FOR COUNCIL ACTION

SUBJECT: An Ordinance Amending Chapters 4 and 6 of the Black Hawk Municipal Code

RECOMMENDATION: Staff recommends the following motion to the Mayor and Board ofAldermen:

MOTION TO APPROVE Council Bill 6, An Ordinance Amending Chapters 4 and 6 of theBlack Hawk Municipal Code

SUMMARY AND BACKGROUND OF SUBJECT MATTER:

City staff has reviewed Chapters 4 and 6 of the Black Hawk Municipal Code and recommendsadoption of the amendments noted in the ordinance.

AGENDA DATE: March 11, 2015

WORKSHOP DATE: N/A

FUNDING SOURCE: N/A

DEPARTMENT DIRECTOR APPROVAL: [ X ]Yes [ ]No

STAFF PERSON RESPONSIBLE: Melissa Greiner, City Clerk

DOCUMENTS ATTACHED: N/A

RECORD: [ ]Yes [ X ]No

CITY ATTORNEY REVIEW: [ X ]Yes [ ]N/A

SUBMITTED BY: REVIEWED BY:

__________________________ __________________________________Melissa Greiner, City Clerk Jack D. Lewis, City Manager

COUNCIL BILL 7

ORDINANCE 2015-7

AN ORDINANCE STATING THEINTENT OF THE CITY OF

BLACK HAWK TO ACQUIRECERTAIN PROPERTY FOR

MUNICIPAL PARKING ANDRECREATIONAL PURPOSESWITHIN THE MEANING OFC.R.S. § 38-6-101 AND C.R.S. §

31-25-201


CITY OF BLACK HAWK

COUNCIL BILL NUMBER: 7

ORDINANCE NUMBER: 2015-7

TITLE: AN ORDINANCE STATING THE INTENT OF THE CITY OFBLACK HAWK TO ACQUIRE CERTAIN PROPERTY FORMUNICIPAL PARKING AND RECREATIONAL PURPOSESWITHIN THE MEANING OF C.R.S. § 38-6-101 AND C.R.S. § 31-25-201

WHEREAS, the City of Black Hawk, Colorado possesses the power of eminent domainpursuant to the provisions of Article XX, § 1 of the Colorado Constitution, and Article 8,Section 4 of the City of Black Hawk Home Rule Charter, C.R.S. § 38-1-101, et seq., C.R.S.§ 38-6-101, et seq., and C.R.S. § 31-25-201; and

WHEREAS, the City of Black Hawk wishes to acquire the property more particularlydescribed as

“The Cyclops Lode Mining Claim, U.S. Mineral Survey No. 787, as described inU.S. Patent recorded June 9, 1884, in Book 93, Page 201, County of Gilpin, Stateof Colorado” (the “Subject Property”),

said property to be acquired for municipal parking and recreational purposes within the meaningof Article XX, § 1 of the Colorado Constitution, Article 8, Section 4 of the City of Black HawkHome Rule Charter, C.R.S. § 38-6-101, and C.R.S. § 31-25-201.

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BLACKHAWK, GILPIN COUNTY:

Section 1. Notice is hereby given that the City of Black Hawk, Colorado, intends toacquire the Subject Property.

Section 2. The acquisition of the Subject Property serves the public purpose of bothproviding municipal parking facilities and providing a public recreational purpose, and isnecessary and essential to the City's ability to provide parking and recreational facilities for theCity within the meaning of C.R.S. § 38-6-101 and C.R.S. § 31-25-201. Said purposes arespecifically authorized as set forth above and pursuant to Article XX, § 1 of the ColoradoConstitution, and Article 8, Section 4 of the City of Black Hawk Home Rule Charter.

Section 3. The City further finds and determines as follows:

2

A. The City of Black Hawk finds that consistent with its home rule eminentdomain authority, that the purpose of providing municipal parkingfacilities and the recreational purpose for which the Subject Property issought constitutes a valid public purpose within the meaning of ArticleXX, § 1 of the Colorado Constitution, C.R.S. § 38-6-101, and C.R.S. §31-25-201; and

B. That it is necessary and essential that the City acquire the Subject Propertyfor the public purposes set forth herein.

Section 4. The staff of the City is directed to comply with all requirements ofapplicable law in the conduct of the within authorized eminent domain action.

Section 5. In the prosecution of the within authorized eminent domain action, theCity shall retain all rights and powers lawfully delegated to it by the Colorado Constitution, theCity of Black Hawk Home Rule Charter, and C.R.S. § 38-1-101, et seq.

Section 6. Safety Clause. The Board of Aldermen hereby finds, determines, anddeclares that this Ordinance is promulgated under the general police power of the City of BlackHawk, that it is promulgated for the health, safety, and welfare of the public, and that thisOrdinance is necessary for the preservation of health and safety and for the protection of publicconvenience and welfare. The Board of Aldermen further determines that the Ordinance bears arational relation to the proper legislative object sought to be attained.

Section 7. Severability. If any clause, sentence, paragraph, or part of this Ordinanceor the application thereof to any person or circumstances shall for any reason be adjudged by acourt of competent jurisdiction invalid, such judgment shall not affect application to otherpersons or circumstances.

Section 8. Effective Date. The City Clerk is directed to post the Ordinance asrequired by the Charter. This Ordinance shall become effective upon posting by the City Clerk.

READ, PASSED AND ORDERED POSTED this 11th day of March, 2015.


ATTEST:

________________________________Melissa A. Greiner, City Clerk

CITY OF BLACK HAWK

REQUEST FOR COUNCIL ACTION

SUBJECT: Request for approval of CB7, an Ordinance stating the intent of the City of BlackHawk to acquire the Cyclops Lode Mining Claim.


MOTION TO APPROVE Council Bill 7, An Ordinance Stating the intent of the City of BlackHawk to Acquire Certain Property for Municipal Parking and Recreational Purposes within theMeaning of C.R.S. 38-6-101 and C.R.S. 31-25-201.”


The City has proposed a trailhead and parking lot for the Maryland Mountain open space area at theHidden Treasure site along Hwy 119 near mm8. The Cyclops Lode Mining Claim lies within thearea identified for the parking area and trailhead. This ordinance will allow the City to acquire thisvacant parcel through eminent domain if necessary.

FUNDING SOURCE: N/A

WORKSHOP DATE: March 11, 2015

ORIGINATED BY: Tom Isbester

STAFF PERSON RESPONSIBLE: Tom Isbester

PROJECT COMPLETION DATE: N/A

DOCUMENTS ATTACHED: CB7

CITY ATTORNEY REVIEW: [ X ]Yes [ ]No


Thomas Isbester, Public Works Director Jack D. Lewis, City Manager

RESOLUTION 19-2015

A RESOLUTIONAPPROVING THE CITY’SPROFESSIONAL SERVICEAGREEMENTS FOR 2015


CITY OF BLACK HAWK

Resolution No. 19-2015

TITLE: A RESOLUTION APPROVING THE CITY’S PROFESSIONAL SERVICEAGREEMENTS FOR 2015

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THECITY OF BLACK HAWK, COLORADO, THAT:

Section 1. The City Council hereby approves the Professional Services Agreementswith the entities and for the services set forth below (the “Agreements”), and authorizes theMayor to sign the Agreements on behalf of the City.

Entity ServiceAtkinson-Noland & Associates, Inc. Historic Rock Wall Investigation

Anthony & Associates, Inc. Historic Wood/Window Investigation

Baseline Engineering Corporation Land Use - Planning/Development Review

Colorado Code Consulting LLC Building - Plan Review/Inspection Services

Colorado Code Consulting LLC Conveyance (Elevators/Escalators) - PlanReview/Inspection Services

Deon Wolfenbarger Historic Preservation

NV5, Inc. Owners Representative

The Appraisal Company Real Estate Appraisal Services

Weecycle Environmental Consulting, Inc. Environmental

RESOLVED AND PASSED this 11th day of March, 2015.


ATTEST:

______________________________Melissa A. Greiner, City Clerk


SUBJECT: Approval of annual professional service agreements for Community Planning andDevelopment.

RECOMMENDATION: Staff recommends the following motion to the Mayor and Board ofAldermen: MOTION TO APPROVE Resolution 19-2015, a resolution approving the annualprofessional service agreements used by Community Planning and Development.

SUMMARY AND BACKGROUND OF SUBJECT MATTER:City staff utilizes professional services to supplement City staff time, complement City staffexpertise, provide an independent perspective, ensure credibility and serve as a technical advisorto the Community Planning and Development Administrator. These are budgeted items andcompleted on a time and materials basis. Staff recommends utilizing the following consultants:

203-0000-5025800 Atkinson-Noland & Associates, Inc. Historic Rock WallInvestigation

203-0000-5025800 Anthony & Associates, Inc. Historic Wood/WindowInvestigation

010-1901-4193319 Baseline Engineering Corporation Land Use - Planning,Development Review

010-1901-4193319 Colorado Code Consulting LLC Building - Plan Review &Inspection Services

010-1901-4193319 Colorado Code Consulting LLC Conveyance(Elevators/Escalators)Plan Review & InspectionServices

203-0000-5025800 Deon Wolfenbarger Historic Preservation

203-0000-5025800 NV5, Inc. Owners Representative

203-0000-5025800 The Appraisal Company Real Estate AppraisalServices

203-0000-5025800 Weecycle Environmental Consulting Environmental


WORKSHOP DATE: March 11, 2015

FUNDING SOURCE: See above

DEPARTMENT DIRECTOR APPROVAL: [ X ]Yes[ ]No

STAFF PERSON RESPONSIBLE: Cynthia L. Linker

DOCUMENTS ATTACHED: N/A


CITY ATTORNEY REVIEW: [ ]Yes [ X ]N/A


__________________________ __________________________________Cynthia L. Linker Jack D. Lewis, City ManagerCP&D Administrator

MMartin

Jack Lewis

RESOLUTION 20-2015

A RESOLUTIONADOPTING THE 2015 CITY

OF BLACK HAWK FEESCHEDULE


CITY OF BLACK HAWK


TITLE: A RESOLUTION ADOPTING THE 2015 CITY OF BLACK HAWK FEESCHEDULE

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF BLACK HAWK, COLORADO, THAT:

Section 1. The 2015 City of Black Hawk Fee Schedule, attached hereto as Exhibit 1, ishereby adopted.



ATTEST:


CITY OF BLACK HAWK REQUEST FOR COUNCIL ACTION

SUBJECT: 2015 City of Black Hawk Fee Schedule RECOMMENDATION: Staff recommends the following motion to the Mayor and Board of Aldermen:

MOTION TO APPROVE Resolution 20-2015, A Resolution Adopting the 2015 City of Black Hawk Fee Schedule SUMMARY AND BACKGROUND OF SUBJECT MATTER: City staff has reviewed fees listed in the current Black Hawk Municipal Code and recommends updating and consolidating all fees on to a “Fee Schedule” which will be reviewed and approved each year in the annual budget cycle. The Municipal Code will be updated to reference the Fee Schedule where all fees are currently listed upon approval. AGENDA DATE: March 11, 2015 WORKSHOP DATE: N/A FUNDING SOURCE: N/A DEPARTMENT DIRECTOR APPROVAL: [ X ]Yes [ ]No STAFF PERSON RESPONSIBLE: Melissa Greiner, City Clerk DOCUMENTS ATTACHED: Draft 2015 Fee Schedule RECORD: [ ]Yes [ X ]No CITY ATTORNEY REVIEW: [ X ]Yes [ ]N/A SUBMITTED BY: REVIEWED BY:

__________________________ __________________________________ Melissa Greiner, City Clerk Jack D. Lewis, City Manager

2015 MASTER LIST OF FEES, TAXES, AND MISC. CHARGES 1/29/15

Business License and Related FeesBusiness License $5 $50.00Sales Tax License $2.50Mobile Auto Repair Permit and Annual Renewal $25.00Street Vendor Conditional Use Permit $100.00 for 6 months for each vehicle usedShuttle Owner/Operator Registration and Annual Renewal $100.00Solicitation Permit $0.00Occupational Tax default to/or one of the below: $50.00 Vending Machines $10.00 per machine Amusement Machines $30.00 per machine Delivery Vehicles located outside of the City (retail to residential) $15.00 Solicitors per quarter $5.00 per calendar year $15.00 Junk/Used Parts Dealer $150.00 Vehicle Sales $200.00 Auctioneers $75.00 Mobile Home Parks $53.00 Camp grounds $3.00 Commercial Rental Units $35.00 Home Occupation $15.00 Motion Picture Theater $1,500.00 Drive-in Theater $2,000.00 Massage Parlors $5,000.00 Billiard Room and Pool Hall one table $35.00 each additional table $14.00 Mining Operations $250.00 Asphalt or Concrete Production $250.00 Storage Facilities $30.00 each residential unit $10.00 each storage unit up to seventy-five (75) units $1.00 each parking space up to seventy-five (75) spaces $1.00 Restaurants seating capacity of one (1) to ten (10) $75.00 seating capacity of eleven (11) to twenty-five (25) $90.00 seating capacity of twenty-six (26) to fifty (50) $150.00 seating capacity of fifty-one (51) to one hundred (100) $225.00 seating capacity of more than one hundred (100) $300.00 drive-in service $200.00 Parking Lots one (1) to ten (10) vehicles $20.00 eleven (11) to twenty-five (25) vehicles $40.00

MMartin

Text Box

Proposed Changes (in red and/or strikethrough)

twenty-six (26) to forty (40) vehicles $60.00 forty-one (41) to sixty (60) vehicles $75.00 sixty-one (61) to ninety (90) vehicles $90.00 over ninety (90) vehicles $115.00 Dog Kennels $300.00 New or Rebuilt Parts Dealer $35.00 Race Track $450.00 Golf Course $25.00 Funeral Homes and crematoriums $10.00 Medical Office and Clinic $150.00 Hospital one (1) to twenty-five (25) beds $150.00 twenty-six (26) to fifty (50) beds $300.00 fifty-one (51) to one hundred (100) beds $450.00 one hundred (100) to two hundred-fifty (250) beds $600.00 more than two hundred-fifty (250) beds $750.00 Country Clubs $25.00 Kennels, Groomers, Pet Shops and Veterinary Clinic $90.00 Banks $100.00 Barbershops, Spas and Beauty Salons $65.00 Dry Cleaning $90.00 Travel Agency $100.00 Child Care less than three (3) children exempt three (3) to eight (8) children $15.00 nine (9) to twenty-five (25) children $25.00 more than twenty-five (25) children $50.00 first owner, partner or manager $35.00 each additional owner or employee $2.00

Escort Services License and Related FeesBusiness License $5 $50Sales Tax License $2.50Occupational Tax $50.00Application Fee $300.00Application Investigation Fee (Police Department) $250.00Renewal Fee $200.00

Gaming License and Related FeesBusiness License $5 $50Sales Tax License $2.50Occupational Tax Gaming Devices $945.00 per device or tableTransportation Device Fee $77.00 per device/per yearAmbulance Fee $2.50 per device/per month

Liquor License and Related FeesBusiness License $5 $50

Sales Tax License $2.50Occupational Tax $50.00 Class A-1 Operators (Hotel or Restaurant beer/wine/spirits) $500.00 per year Class A-2 Operators (Hotel or Restaurant beer/wine) $400.00 per year Class A-3 Operators (Tavern or Gaming) $700.00 per year Class B Operators (Stores off premise) $350.00 per year Class C Operators (non-profit) $100.00 per year Class D Operators (3.2% off premise) $350.00 per year Class E Operators (3.2% on premise) $1,000.00 per year Class F Operators (Park Permit) $25.00 per dayApplication Fee - new license $500 $1,000.00 Retail Liquor Store $250 $22.50 Liquor-licensed Drugstore $250 $22.50 Beer and Wine $400.25 $48.75 Beer and Wine for a Resort $375 $75.00 Hotel and Restaurant $1075 $75.00 Tavern $575 $75.00 Optional Premises $575 $75.00 Club $350 $41.25 Retail Gaming Tavern $1275 $75.00 Brew Pub $825 $75.00 Arts $350 $41.25 Racetrack $575 $75.00 Bed & Breakfast $75 $25.00 3.2 Beer $25 $3.75 3.2 Beer Renewal fee $25.00Annual Renewal Application Fee $100.00Late Renewal $500.00Special Event Liquor Permit $100.00Renewal of license (except 3.2 Beer) $50.00Fingerprint Analysis and Background Check $100.00 each analysisChange in Business Interest Corp/LLC Change (per person) $500 $100.00Temporary Permit (same time as Transfer of Ownership) $0.00Temporary Permit (if not as same time as Transfer of Ownership) $100.00Change in Corporate Officers or Directors $100.00Change of Location $750.00

Lodging License and Related FeesBusiness License $5 $50Sales Tax License $2.50Occupational Tax one (1) to twenty-five (25) rooms $30.00 twenty-six (26) to fifty (50) rooms $55.00 fifty-one (51) to one hundred (100) rooms $75.00 over one hundred (100) rooms $110.00Lodging License $100.00Lodging Tax 2% of lodging price

Marijuana License and Related FeesBusiness License $5 $50Sales Tax License $2.50Occupational Tax $50.00Medical Marijuana - REPEAL Application Fee $2,500.00 License Fee $1,500.00 Change in Business Interest $500.00 Change in Corporate Officers or Directors $100.00 Renewal Fee $1,500.00 late renewal $500.00Retail Marijuana Store License Operating Fee $2,500.00 Renewal Fee $1,500.00 late renewal $500.00 Transaction Fee $2.00 Change in Corporate Officers, Directors, or manager $100.00Fingerprint Analysis and Background Check $100.00 each analysisMarijuana Sales Tax 5%

Pawnbrokers Business License and Related FeesBusiness License $5 $50Sales Tax License $2.50Occupational Tax $5,000.00Application Fee $2,200.00Renewal Fee $5.00Investigation and Processing Fee $200.00

Sexually Oriented Business License and Related FeesBusiness License $5 $50Sales Tax License $2.50Occupational Tax for Adult Book Store $5,000.00Application Fee $750.00Renewal Fee $1,000.00Transfer of Ownership $200.00Manager's License $250.00

Special Event FeesFirst day $50.00Each additional day $30.00Bicycle Event Permit $100.00

Franchise FeesCable Television Franchise Fee New Application per contract Transfer per contract

Gas and Electric Franchise 3% of all received revenues Transfer per contract

Building FeesBuilding Permit Fees Based on Total Valuation $1.00 to $500 $23.50 $501 to $2,000 $23.50 for 1st $500 plus $3.05 for each additional $100, or fraction thereof, to and including $2,000 $2,001 to $25,000 $69.25 for the 1st $2,000 plus $14.00 for each additional $1,000, or fraction thereof, to and including $25,000 $25,001 to $50,000 $391.25 for the 1st $25,000 plus $10.10 for each additional $1,000, or fraction thereof, to and including $50,000 $50,001 to $100,000 $643.75 for the 1st $50,000 plus $7.00 for each additional $1,000, or fraction thereof, to and including $100,000 $100,001 to $500,000 $993.75 for the 1st $100,000 plus $5.60 for each additional $1,000, or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,233.75 for the 1st $500,000 plus $4.75 for each additional $1,000, or fraction thereof, to and including $500,000 $1,000,001 and up $5,608.75 for the 1st $1,000,000 plus $3.15 for each additional $1,000, or fraction thereof Building Plan Review 65% of the Building Permit fee calculated above Building Plan Review - after the 1st review $100.00 hourConveyance Permit Fees (elevators, escalators, lifts, etc.) Consultant Fee + 15% City Administration FeeElectric Permit Fees Based on Project Valuation for Commercial and Residential Alterations or Additions $0.00 to $2,000 $115.00 $2,001 or more $115 plus $11.50 per $1,000, or portion thereof of valuation Electrical Plan Review 65% of the Electrical Permit fee calculated above Electrical Plan Review - after the 1st review $100.00 hour

Electric Permit Fees Based on Building Area for New Residential Buildings not more than 1,000 sq. ft. $115.00 over 1,000 sq. ft. and not more than 1,500 sq. ft. $172.50 over 1,500 sq. ft. and not more than 2,000 sq. ft. $230.00 over 2,000 sq. ft. $230 plus $11.50 per 100 sq. ft. or fraction thereof in excess of 2,000 sq. ft. Electrical Plan Review 65% of the Electrical Permit fee calculated above Electrical Plan Review - after the 1st review $100.00 hour

MISC. Building/Zoning/Electrical Permit Fees and TaxesRe-inspection Fee (Building/Electrical) $100.00 each + 15% City Administration FeeAdditional Inspection Services/Consulting Building/Electrical $100.00 hourly + 15% City Administration FeeCommercial Improvement Tax $0.30 by # of square feet of floor space/per yearContractor Registration $0.00Excavation Permit (commercial and residential alteration or addition) $7.00 per cubic yardRight-of-Way Use Permit $25 $30.00Street Cut PermitHistoric Landmarking Consultant Fee + 15% City Administration FeeDevelopment in Flood Hazard Permit Consultant Fee + 15% City Administration FeeSpecial Investigation Fee see codePublic Hearing Notice Publication Fee Actual Cost + 15% City Administration FeeFire and Police Protection Fee at time of Building Permit Multifamily Residential $70.00 per occupant/multiply fee x peak period occupant load as per IBC Commercial $14.00 per occupant/multiply fee x peak period occupant load as per IBC Industrial $70.00 per occupant/multiply fee x peak period occupant load as per IBCChange of Use Consultant Fee + 15% City Administration Fee

$300 for 1 to 100sf and $2/sf for any additional

Redevelopment Consultant Fee + 15% City Administration FeeIndustrial Consultant Fee + 15% City Administration FeeOff-site commercial parking space fee (Parking Impact Fee) $2,000.00 per space

UtilitiesWater Tap Fees Single-Family ($15,000/sq.in.) .75" tap size meter fee $600.00 tap fee $6,627.00 1" tap size meter fee $1,300.00 tap fee $11,781.00 1.5" tap size meter fee $2,100.00 tap fee $26,507.00 2" tap size meter fee $2,600.00 tap fee $47,124.00 Multi-Family ($30,000/sq.in.) .75" tap size meter fee $600.00 tap fee $13,254.00 1" tap size meter fee $1,300.00 tap fee $23,562.00 1.5" tap size meter fee $2,100.00 tap fee $53,014.00 2" tap size meter fee $2,600.00 tap fee $94,248.00 3" tap size meter fee $3,800.00 tap fee $212,057.00 Nonresidential ($30,000/sq.in.) .75" tap size meter fee $600.00 tap fee $13,254.00 1" tap size meter fee $1,300.00 tap fee $23,562.00 1.5" tap size meter fee $2,100.00 tap fee $53,014.00 2" tap size meter fee $2,600.00

tap fee $94,248.00 3" tap size meter fee $3,800.00 tap fee $212,057.00 4" tap size meter fee $4,800.00 tap fee $376,990.00 6" tap size meter fee $7,200.00 tap fee $848,230.00 8" tap size meter fee $12,800.00 tap fee $1,507,963.00 10" tap size meter fee at cost each occurrence tap fee $2,356,192.00 each occurrence Notice of disconnection due to delinquency or failure to maintain $60.00 Reconnection charge due to delinquency or failure to maintain $2500 $500 Disconnection/shut off for convenience (>7 days) $200.00 Reconnection charge for convenience (>7 days) $500.00Water Rates Bulk Construction Water $16 $20.00 per 1000 gallonsCommercial Fire Flow Testing Permit (>48 hours in advance of test) $150.00 Penalty for failure to acquire permit $5,000.00

Land Use FeesAmendment to Zoning DistrictRezoning of land application Consultant Fee + 15% City Administration FeeCMRS Facility Application Consultant Fee + 15% City Administration FeeConditional Use Permit Consultant Fee + 15% City Administration FeeLicense Agreement Consultant Fee + 15% City Administration FeePlanned Unit Development Consultant Fee + 15% City Administration FeeRestaurant Grills and Air Quality Compliance Consultant Fee + 15% City Administration FeeSign PermitsSign Plan Application and Sign Permits Consultant Fee + 15% City Administration FeeSite Development Plan Consultant Fee + 15% City Administration FeeSpecial Review Use Consultant Fee + 15% City Administration FeeSubdivisions Preliminary Subdivision Processing Fee Consultant Fee + 15% City Administration Fee Final Subdivision Development Fee Consultant Fee + 15% City Administration Fee Minor Subdivision Consultant Fee + 15% City Administration Fee Site Development Commercial Plat Consultant Fee + 15% City Administration Fee Street Plan and Easement Vacation Consultant Fee + 15% City Administration FeeRecording Fee Actual Cost

Temporary Use or Temporary Structure Permits 100 + Security DepositVariance Consultant Fee + 15% City Administration FeeWater System Development Fees Nonresidential, in Gaming District $16.00 per sqare foot Hotel $900.00 per room Nonresidential, outside of Gaming District $8.00 per sqare foot

False Alarm Fees Service Fee 6th-10th occurrence $50.00 Service Fee over 10th occurrence $100.00

Police Department FeesSex Offender Registration $100.00 initial registration Renewal $50.00Fingerprints (Residents Only) $20.00Portable Breath Test (PBT) $20.00VIN Checks (Residents Only) $0.00Copies onto CDs $25.00

Fire Department Fees Commercial Business and multi-Residential Plan Reviews Consultant Inspection Services and Plan Review Consultant Fee + 15% City Administration FeeBlasting and Storage of Explosives Permit $100.00

MISC. Fees and TaxesCode Books onlineDog License Annual License Fee $3.00 for males and spayed females Annual License Fee $5.00 unspayed females Duplicate Tag $0.50Licensing Background Check (Liquor and Marijuana) $100.00 each analysisNewsrack Permit $0.00Open Records Request Research Fee $30.00 after first hour/per hour Copies made $0.25 pagePromotional Association Certification Application $100.00 Attachment of a Licensed Premise $100.00Public Assembly Permit $100.00Recreational Vehicle and Equipment Permit $0.00Telecommunications Business & Occupational Tax $900.00 ≤900/per yearSales Tax 5.5%Use Tax 4%

DRAFT 2/2/20152015 FEE SCHEDULEBusiness License

Business License $50.00

Escort Services License

Application Fee $300.00Application Investigation Fee (Police Department) $250.00Renewal Fee $200.00

Gaming License

Transportation Device Fee $77.00 per device/per yearAmbulance Fee $2.50 per device/per month

Liquor License

Application Fee - new license $1,000.00 Retail Liquor Store $22.50 Liquor-licensed Drugstore $22.50 Beer and Wine $48.75 Beer and Wine for a Resort $75.00 Hotel and Restaurant $75.00 Tavern $75.00 Optional Premises $75.00 Club $41.25 Retail Gaming Tavern $75.00 Brew Pub $75.00 Arts $41.25 Racetrack $75.00 Bed & Breakfast $25.00 3.2 Beer $3.75Annual Renewal Application Fee $100.00Late Renewal $500.00Special Event Liquor Permit $100.00Fingerprint Analysis and Background Check $100.00 each analysisCorp/LLC Change (per person) $100.00Temporary Permit (same time as Transfer of Ownership) $0.00Temporary Permit (if not as same time as Transfer of Ownership) $100.00Change of Location $750.00

1 of 6

EXHIBIT 1

DRAFT 2/2/20152015 FEE SCHEDULE

Lodging LicenseLodging License $100.00

Retail Marijuana LicenseOperating Fee $2,500.00Renewal Fee $1,500.00 late renewal $500.00Transaction Fee $2.00Change in Corporate Officers, Directors, or Manager $100.00Fingerprint Analysis and Background Check $100.00 each analysis

Pawnbrokers Business LicenseApplication Fee $2,200.00Renewal Fee $5.00Investigation and Processing Fee $200.00

Sexually Oriented Business LicenseApplication Fee $750.00Renewal Fee $1,000.00Transfer of Ownership $200.00Manager's License $250.00

Misc. Business Licenses/PermitsMobile Auto Repair Permit and Annual Renewal $25.00Street Vendor Conditional Use Permit $100.00 for 6 months for each vehicle usedShuttle Owner/Operator Registration and Annual Renewal $100.00Solicitation Permit $0.00

Special Event FeesFirst day $50.00Each additional day $30.00Bicycle Event Permit $100.00

2 of 6


Franchise FeesCable Television Franchise Fee New Application per contract Transfer per contractGas and Electric Franchise 3% of all received revenues Transfer per contract

Building FeesBuilding Permit Fees Based on Total Valuation $1.00 to $500 $23.50 $501 to $2,000 $23.50 for 1st $500 plus $3.05 for each additional $100, or fraction thereof, to and including $2,000 $2,001 to $25,000 $69.25 for the 1st $2,000 plus $14.00 for each additional $1,000, or fraction thereof, to and including $25,000 $25,001 to $50,000 $391.25 for the 1st $25,000 plus $10.10 for each additional $1,000, or fraction thereof, to and including $50,000 $50,001 to $100,000 $643.75 for the 1st $50,000 plus $7.00 for each additional $1,000, or fraction thereof, to and including $100,000 $100,001 to $500,000 $993.75 for the 1st $100,000 plus $5.60 for each additional $1,000, or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,233.75 for the 1st $500,000 plus $4.75 for each additional $1,000, or fraction thereof, to and including $500,000 $1,000,001 and up $5,608.75 for the 1st $1,000,000 plus $3.15 for each additional $1,000, or fraction thereof Building Plan Review $0.65 of the Building Permit fee calculated above Building Plan Review - after the 1st review $100.00 per hourConveyance Permit Fees (elevators, escalators, lifts, etc.) Consultant Fee + 15% City Administration FeeElectric Permit Fees Based on Project Valuation for Commercial and Residential Alterations or Additions $0.00 to $2,000 $115.00 $2,001 or more $115.00 plus $11.50 per $1,000, or portion thereof of valuation Electrical Plan Review $0.65 of the Electrical Permit fee calculated aboveElectrical Plan Review - after the 1st review $100.00 hourElectric Permit Fees Based on Building Area for New Residential Buildings not more than 1,000 sq. ft. $115.00 over 1,000 sq. ft. and not more than 1,500 sq. ft. $172.50 over 1,500 sq. ft. and not more than 2,000 sq. ft. $230.00 over 2,000 sq. ft. $230.00 plus $11.50 per 100 sq. ft. or fraction thereof in excess of 2,000 sq. ft. Electrical Plan Review $0.65 of the Electrical Permit fee calculated aboveElectrical Plan Review - after the 1st review $100.00 hour

3 of 6


MISC. Building/Zoning/Electrical Permit Fees and TaxesRe-inspection Fee (Building/Electrical) $100.00 each + 15% City Administration FeeAdditional Inspection Services/Consulting Building/Electrical $100.00 hourly + 15% City Administration FeeContractor Registration $0.00Excavation Permit (commercial and residential alteration or addition) $7.00 per cubic yardRight-of-Way Use Permit $30.00Street Cut Permit $300.00 for 1 to 100sf and $2/sf for any additional Historic Landmarking Consultant Fee + 15% City Administration FeeDevelopment in Flood Hazard Permit Consultant Fee + 15% City Administration FeeSpecial Investigation Fee see codePublic Hearing Notice Publication Fee Actual Cost + 15% City Administration FeeFire and Police Protection Fee at time of Building Permit

Multifamily Residential $70.00 per occupant/multiply fee x peak period occupant load as per IBC Commercial $14.00 per occupant/multiply fee x peak period occupant load as per IBC Industrial $70.00 per occupant/multiply fee x peak period occupant load as per IBCChange of Use Consultant Fee + 15% City Administration FeeRedevelopment Consultant Fee + 15% City Administration FeeIndustrial Consultant Fee + 15% City Administration FeeOff-site commercial parking space fee (Parking Impact Fee) $2,000.00 per space

UtilitiesDisconnect/Reconnect Fees Notice of disconnection due to delinquency or failure to maintain $60.00 Reconnection charge due to delinquency or failure to maintain $500.00 Disconnection/shut off for convenience (>7 days) $200.00 Reconnection charge for convenience (>7 days) $500.00Commercial Fire Flow Testing Permit (>48 hours in advance of test) $150.00 Penalty for failure to acquire permit $5,000.00

4 of 6


Land Use FeesRezoning of land application Consultant Fee + 15% City Administration FeeCMRS Facility Application Consultant Fee + 15% City Administration FeeConditional Use Permit Consultant Fee + 15% City Administration FeeLicense Agreement Consultant Fee + 15% City Administration FeePlanned Unit Development Consultant Fee + 15% City Administration FeeRestaurant Grills and Air Quality Compliance Consultant Fee + 15% City Administration FeeSign Plan Application and Sign Permits Consultant Fee + 15% City Administration FeeSite Development Plan Consultant Fee + 15% City Administration FeeSpecial Review Use Consultant Fee + 15% City Administration FeeSubdivisions Preliminary Subdivision Processing Fee Consultant Fee + 15% City Administration Fee Final Subdivision Development Fee Consultant Fee + 15% City Administration Fee Minor Subdivision Consultant Fee + 15% City Administration Fee Site Development Commercial Plat Consultant Fee + 15% City Administration Fee Street Plan and Easement Vacation Consultant Fee + 15% City Administration FeeRecording Fee Actual CostTemporary Use or Temporary Structure Permits 100 + Security DepositVariance Consultant Fee + 15% City Administration FeeWater System Development Fees Nonresidential, in Gaming District $16.00 per sqare foot Hotel $900.00 per room Nonresidential, outside of Gaming District $8.00 per sqare foot

False Alarm Fees Service Fee 6th-10th occurrence $50.00 Service Fee over 10th occurrence $100.00

Police Department FeesSex Offender Registration $100.00 initial registration Renewal $50.00Fingerprints (Residents Only) $20.00Portable Breath Test (PBT) $20.00VIN Checks (Residents Only) $0.00Copies onto CDs $25.00

5 of 6


Fire Department Fees Commercial Business and multi-Residential Plan Reviews Consultant Inspection Services and Plan Review Consultant Fee + 15% City Administration FeeBlasting and Storage of Explosives Permit $100.00

MISC. FeesCode Books onlineNewsrack Permit $0.00Open Records Request Research Fee $30.00 after first hour/per hour Copies made $0.25 pagePromotional Association Certification Application $100.00 Attachment of a Licensed Premise $100.00Public Assembly Permit $100.00Recreational Vehicle and Equipment Permit $0.00

6 of 6

RESOLUTION 21-2015

A RESOLUTIONAPPROVING THE

FIREWORKSPRODUCTION CONTRACT

BETWEEN THE CITY OFBLACK HAWK AND

WESTERN ENTERPRISES,INC.


CITY OF BLACK HAWK


TITLE: A RESOLUTION APPROVING THE FIREWORKS PRODUCTIONCONTRACT BETWEEN THE CITY OF BLACK HAWK AND WESTERNENTERPRISES, INC.


Section 1. The Board of Aldermen hereby approves the Fireworks ProductionContract between the City and Western Enterprises, Inc., and authorizes the Mayor to executethe same on behalf of the City.



ATTEST:



SUBJECT: Fireworks Production Contract between the City of Black Hawk and WesternEnterprises, Inc.


MOTION TO APPROVE Resolution 21-2015, A Resolution Approving the FireworksProduction Contract between the City of Black Hawk and Western Enterprises, Inc.


Boom Town Fireworks Production Contract


WORKSHOP DATE: Budget Study Session November 5, 2014

FUNDING SOURCE: 010-1101-4115828



DOCUMENTS ATTACHED: Western Enterprises, Inc. Fireworks Production Contract





11th March 15

11thMarch 15

ACORD TM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)03/06/2015

PRODUCERPinnacol Assurance7501 E Lowry BlvdDenver, CO 80230-7006

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THECOVERAGE AFFORDED BY THE POLICIES BELOW.

INSURERS AFFORDING COVERAGE NAIC#INSUREDWestern Enterprises Inc4983 Kit Carson DRBroomfield, CO 80023

INSURER A: Pinnacol Assurance 41190INSURER B:

INSURER C:

INSURER D:

INSURER E:

COVERAGES

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDNGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ORMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHPOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION

LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YYYY) DATE(MM/DD/YYYY) LIMITS

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

CLAIMS MADE OCCUR

GEN'L AGGREGATE LIMIT APPLIERS PER:

POLICY PROJECT LOC

EACH OCCURRENCE

DAMAGE TO RENTED

PREMISES

MED EXP(Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

N0N-OWNED AUTOS

COMBINED SINGLE LIMIT

(Ea Accident)

BODILY INJURY

(Per person)

BODILY INJURY

(Per accident)

PROPERTY DAMAGE

(Per accident)

GARAGE LIABILITY

ANY AUTO

AUTO ONLY - EA ACCIDENT

OTHER THAN EA ACC

AUTO ONLY: AGG

EXCESS/UMBRELLA LIABILITY

OCCUR CLAIMS MADE

DEDUCTIBLE

RETENTION $

EACH OCCURRENCE

AGGREGATE

AWORKERS COMPENSATION AND

EMPLOYER'S LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE

OFFICER/MEMBER EXCLUDED?

If yes, please describe under SPECIAL PROVISIONS below

2218422 02/01/2015 02/01/2016

X WC STATU- OTHER

TORY LIMITS

E.L EACH ACCIDENT $500,000

E.L DISEASE - EA EMPLOYEE $500,000

E.L DISEASE - POLICY LIMIT $500,000OTHER

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS

CERTIFICATE HOLDER CANCELLATION1594437City of Black HawkPO BOX 68Black Hawk, CO 80422

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TONOTIFY 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TO NOTIFY SUCH NOTICE SHALL IMPOSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS ORREPRESENTATIVES.AUTHORIZED REPRESENTATIVE

Amanda LindseyACORD 25(2001/08) Underwriter ACORD CORPORATION 1988

CERTIFICATE HOLDER COPY

City of Black HawkPO BOX 68Black Hawk, CO 80422

IMPORTANTIf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. Astatement on this certificate does not confer rights to the certificate holder in lieu of suchendorsement(s).

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certainpolicies may require an endorsement. A statement on this certificate does not confer rightsto the certificate holder in lieu of such endorsement(s).

DISCLAIMERThe Certificate of Insurance on the reverse side of this form does not constitute a contractbetween the issuing insurer(s), authorized representative or producer, and the certificateholder, nor does it affirmatively or negatively amend, extend or alter the coverage affordedby the policies listed thereon.

RESOLUTION 22-2015

A RESOLUTIONAPPROVING ANDADOPTING THE

GUIDELINES FOR THECITY OF BLACK HAWK

SCHOLARSHIP PROGRAM


CITY OF BLACK HAWK


TITLE: A RESOLUTION APPROVING AND ADOPTING THE GUIDELINESFOR THE CITY OF BLACK HAWK SCHOLARSHIP PROGRAM


Section 1. The Board of Aldermen hereby approves and adopts the guidelines for theCity of Black Hawk Scholarship Program, attached hereto and incorporated herein by thisreference.



ATTEST:



SUBJECT: City of Black Hawk Scholarship Program


MOTION TO APPROVE Resolution 22-2015, A Resolution Approving and Adopting the Cityof Black Hawk Scholarship Program


Approval and adoption of the City of Black Hawk Scholarship Program


WORKSHOP DATE: N/A

FUNDING SOURCE: 010-1101-4115830



DOCUMENTS ATTACHED: City of Black Hawk Scholarship Program





City of Black Hawk Scholarship Program

City of Black Hawk Scholarship Program Goals:

- To promote a healthy Gilpin County RE-1 school district.

- To award scholarships to students receiving their high school diploma from the Gilpin County RE-1School District so that they may continue higher education.

City of Black Hawk Scholarship Program Guidelines:

1. Any student receiving their high school diploma from the Gilpin County RE-1 School District mayapply for the City of Black Hawk Scholarship Program.

2. Students must apply for the City of Black Hawk Scholarship Program during their senior year of highschool.

3. Application for the City of Black Hawk Scholarship Program must be received in the Black HawkCity Clerk’s office by March 15th of applicant’s graduating year. Failure to provide completedapplication by the deadline shall result in denial of request.

4. Scholarship may be used at institutions of higher education, occupational schools, and trade schools.Graduate level studies are admissible.

5. Scholarships are awarded one (1) installment per semester for a total of eight (8) $750 awards within asix (6) year span from high school graduating year.

6. Once approved, the scholarship recipient must submit a Scholarship Program Request form for eachsemester, which shall include the following:

a. Recipient must include upcoming semester’s class schedule for enrollment verification.Recipient must be enrolled full-time in the program of study.

b. Recipient must provide verification of GPA for previous semester in the form of a certifiedtranscript or similar. Initial stipend of scholarship award does not require GPA verification.Recipient must maintain at least a 2.0 GPA to continue to receive scholarship funds.

7. Scholarship will be paid directly to the institution where the recipient is attending.

8. Scholarship awards are subject to appropriation of funds.

9. Scholarship forms can be found on the City’s website at www.cityofblackhawk.org.

10. Questions shall be directed to [email protected] or 303-582-2212.

regular meeting agenda - city of black hawk · 3/11/2015 · regular meeting agenda . city of...

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